Domestic abuse

Domestic abuse allegations are among the most sensitive and consequential criminal matters. A charge or conviction can affect housing, family proceedings, contact with children, employment, and immigration status. Early and expert legal representation is essential.

What constitutes domestic abuse

Under the Domestic Abuse Act 2021, domestic abuse encompasses physical violence, coercive or controlling behaviour, economic abuse, and psychological or emotional abuse. Perpetrators and victims may be current or former partners, family members, or other connected persons.

Charges commonly arising

Domestic abuse allegations frequently lead to charges including:

  • Assault (common assault, ABH, GBH)
  • Coercive or controlling behaviour (Section 76 Serious Crime Act 2015)
  • Stalking and harassment
  • Breach of a non-molestation order or restraining order
  • Criminal damage

Pre-charge intervention

Where an investigation is underway, early engagement can in some cases result in no further action being taken. I will assess whether pre-charge representations to the police or CPS are appropriate in your case and, where they are, act on them without delay.

Impact on family proceedings

A domestic abuse allegation, whether or not it results in a criminal conviction, can have significant implications for any concurrent family law proceedings. I can advise on the interaction between the criminal and family proceedings and, where appropriate, refer you to specialist family law practitioners.

Frequently asked questions

The decision to prosecute rests with the Crown Prosecution Service, not the complainant. Even where a complainant withdraws a statement or does not wish to proceed, the CPS may decide to continue the prosecution using other evidence.
Coercive and controlling behaviour is a criminal offence under Section 76 of the Serious Crime Act 2015. It covers a pattern of behaviour that causes another person to fear that violence will be used against them, or that has a serious effect on their day-to-day activities. The offence carries a maximum sentence of five years imprisonment.
A charge or caution for a domestic abuse offence can be raised in family court proceedings and may affect arrangements for children. I can advise on these implications as part of my overall advice on your case.